Essay - Privatization of the Prison System and the Impact of the...


1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21
Copyright Notice

PRIVATIZATION OF THE PRISON SYSTEM AND THE IMPACT OF THE DIFFERENTIATION OF SENTENCING IN POWDER VERSUS CRACK COCAINE OFFENSE ***** THE IMPACT ON AFRICAN AMERICAN OFFENDERS

I. HISTORICAL BACKGROUND OF THE POLICY

In 1986 and 1988, the U.S. Congress passed federal sentencing laws related to crack cocaine that differentiated the sentences imposed upon defendants in powder and ***** cocaine ***** offenses in what is known as ***** 'Anti-Drug Abuse Act of 1986'. These stricter sentencing guidelines were ***** to address the emerging *****sue of crack cocaine which w***** perceived to be."..a social menace ***** *****as categorically different from ***** ***** in its physiological and psychotropic effects." Crack cocaine is powder ***** mixed with banking soda and then cooked in***** hard rocks, which are then broken up into smaller pieces and sold to those who use the drug by smoking it. Crack cocaine is cheaper than powder ***** and aroused great public concern when ***** first hit ***** streets in the United States. According to Alfred Blumstein ***** Carnegie Mellon University, as reported ***** Coyle (2002) in ***** work entitled: "Race and Class Penalties in Crack Coca*****e Sentencing" crack cocaine began as an innovation in the drug market "crack distribution rights *****d boundaries were apportioned amongst competitors with the use of violence." (*****, 2002) The follow*****g table relates ***** median street-level dealer drug quantities and m*****atory minimum ***** by the Anti-Drug Act of 1986.

***** Street-Level Drug Quantities and M*****atory Minimums

Drug

Median Drug Weight

Mandatory Minimum

Crack Cocaine

52 grams

10 years

Powder Cocaine

340 *****

Source: Coyle (2002

Congress created the United States Sentencing Commission in 1984 for the purpose of developing federal sentencing guidelines for the purpose ***** bringing about a reduction of sentencing disparity. By 1994 in alliance with provisions set out in ***** Omnibus Violent Crime Control and Law Enforcement Act, the Commission was instructed to conduct a study rel*****ting to different penalties in powder- and *****-cocaine *****. The study lasted the duration of one year with recommendations ***** ***** Commission to the U.S. Congress to revise the crack/powder 100:1 sentencing disparity due to findings that due ***** the small differences in the two forms ***** coca*****e ***** such sentencing disparities were not justifiable. Commission advised an equalization (1:1) of the quantity ratio that would require mandatory ***** relating to the ***** forms of cocaine. Commission ***** included advisement that guidelines in ***** sentenc*****g should be based *****on criteria other than the type of ***** for determination of ***** lengths ***** sentences. These recommendations ***** rejected by the U.S. Congress along with refusal ***** make changes to ***** law and was in fact the first such move in the history of the United ***** Sentenc*****g ***** since ********** formation. Once again, ***** were made in April 1997 regarding the ***** in sentencing *****tween crack- and powder-cocaine ***** the differential sentencing should be balanced through provision of a range ***** 2:1 to 15:1 for ***** to choose from among. This new recommendation "was based on both raising

. . . . [END OF DISSERTATION PREVIEW]

Download entire paper (and others like it)    |    Order a one-of-a-kind, custom paper

© 2001–2017   |   Term Papers on Privatization of the Prison System and the Impact of the   |   Book Reports Writing